29A § 1916. Reflective and tinted glass

1. Windows to be unobscured. A person may not operate a motor vehicle and an inspection mechanic may not issue a certificate of inspection for a motor vehicle, if:

A. A window is composed of, covered by or treated with any material that is reflective; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

B. The front windshield is composed of, covered by or treated with a material that reduces the light transmittance through the window more than the original installation window or an original replacement window; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

C. A side window or rear window is composed of, covered by or treated with a material that has a light transmittance of less than 50%; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

D. A front windshield, front door window or window at either end of a rear passenger seat does not contain 2-way glass that provides the occupants with a clear view of the road and a person outside the vehicle with a clear view of the occupants and the interior of the vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

2. Exceptions. The following exceptions apply.

A. The provisions of subsection 1 do not apply to:

(1) A certificate or other paper required or allowed by law to be displayed;

(2) The label attached to a window showing the price, estimated mileage and other federally mandated information commonly known as the manufacturer's suggested retail price label;

(3) Sun-screening or window-tinting material along a 4-inch strip at the top of the windshield; or

(4) Motor vehicles for which the Chief of the State Police has granted an exception because the health of the owner or a person who usually occupies the vehicle is adversely affected by sunlight. The Chief of the State Police may, upon proper application, provide the owner of a motor vehicle with a certificate of exemption that must be displayed upon the request of a law enforcement officer. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

B. The provisions of subsection 1, paragraphs C and D do not apply to side windows behind the operator's seat or the rear window of the following motor vehicles, provided that the vehicle is equipped with 2 outside rear view mirrors, one on each side, adjusted so that the operator has a clear view of the highway behind the vehicle:

(1) A bus that transports passengers for hire;

(2) A motor vehicle used to transport human remains by a funeral establishment, as described in Title 32, section 1501, or by a medical examiner, appointed pursuant to Title 22, section 3022 or 3023; or

(3) A limousine that regularly transports passengers for hire, has a carrying capacity of more than 6 passengers and whose owner is required to obtain an operating permit pursuant to section 552. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

C. The provisions of subsection 1, paragraphs C and D, do not apply to side windows behind the operator's seat or the rear window of a motor vehicle that is equipped with original installation windows or original replacement windows, originally installed or replaced in conformance with Federal Motor Vehicle Standard 205, except that any such window with a light transmittance of less than 70% may not be covered by or treated with any material that further reduces the light transmittance. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

3. Light transmittance certificate. The owner or operator of a motor vehicle with tinted windows that are not replaced in accordance with Federal Motor Vehicle Safety Standard 205 or windows covered by or treated with tinting material must acquire a light transmittance certificate and must show the certificate to the inspection mechanic at the time of inspection.

A person who, for compensation, installs tinted replacement windows or window-tinting materials may issue a certificate for a motor vehicle that complies with the light transmittance standards and shall ensure compliance and issue a certificate for a vehicle on which that person has installed the tinted window or tinting material.

Upon request, the Bureau of State Police shall provide light transmittance certificates to persons who, for compensation, install tinted replacement windows or window-tinting materials. Light transmittance certificates provided by the Bureau of State Police to installers in accordance with this subsection remain the property of the State.

An installer who is adjudicated of a violation of this section or files an answer of "not contested" to a summons for a violation of this section shall return all unissued light transmittance certificates to the Bureau of State Police within 10 days of adjudication or of filing the answer. The Bureau of State Police may not provide that installer with light transmittance certificates for a period of 6 months after the date of adjudication or filing an answer of "not contested."

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

4. Violations. A person may not:

A. Install a replacement window in or window-tinting material on a motor vehicle that does not meet the standards of subsections 1 and 2; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

B. Fail to issue a certificate as required by subsection 3, after installing for compensation a tinted replacement window or window-tinting material; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

C. Alter the window-tinting materials after a certificate has been issued pursuant to subsection 3 and then display the certificate as proof that the windows meet the standards of subsection 1 or 2; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

D. Display or permit to be displayed a light transmittance certificate, knowing the certificate to be fictitious or issued to another motor vehicle or issued without the motor vehicle meeting the standards of subsection 1 or 2; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

E. Knowingly cause a light transmittance certificate to be issued for a motor vehicle that does not meet the standards of subsection 1 or 2; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

F. Operate or cause the operation of a motor vehicle that does not meet the requirements of this section; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

G. Fail to return all unissued light transmittance certificates to the Bureau of State Police in accordance with subsection 3. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

5. Presumption. If the operator of a motor vehicle with a tinted replacement window or window-tinting material installed fails to produce a certificate as required by subsection 3 on the request of a law enforcement officer, it is presumed that the motor vehicle does not meet the requirements of this section.

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

6. Penalty. A person who is adjudicated of a violation of this section commits a traffic infraction that must be punished by a forfeiture of not less than $100.

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

7. Rules. The Chief of the State Police may adopt rules to implement and administer this section and to collect reasonable fees for that administration.

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

Section History:

1993, c. 683, § A2 (NEW). 1993, c. 683, § B5 (AFF).